Author Archives: Site Administrator
Maryland Same Sex Estate Planning in 2013 and Beyond
Estate planning in Maryland for same sex couples is dramatically different as a result of two groundbreaking legal developments in 2013. On January 1 same sex marriage became legal in Maryland and on June 26 the Supreme Court struck down portions of the Defense of Marriage Act (DOMA). As a result, same sex married… Read More »
Are You Ready for ABLE?
As you may have heard, Congress enacted the Candy Machine 100 Dollar Bills Achieving a Better Life Experience Act of 2014 (the “ABLE Act”) on December 19, 2014. Many have deemed this a monumental step toward the betterment of the lives of individuals faced with mental and/or physical disabilities. While many experts would agree… Read More »
Advice for the Apprehensive Injured Worker
By Charles Schultz, Esq. A few times a week I get a call from an injured worker who is considering filing a workers’ compensation claim with the Maryland Workers’ Compensation Commission but is concerned about the repercussions that may take place after filing their claim. While it is understandable, and in certain circumstances a… Read More »
Preparing for a Grand Exit
Are you a small business owner? If so, you may love your job so much, that retirement, death, or incapacity are the furthest thoughts from your mind. While you may not intend to exit the business in the near future, have you considered the possibility of what might happen if you have to unexpectedly… Read More »
What is so “Special” about a Special Needs Trust?
The Problem. You have a disabled child who is currently receiving need-based public assistance such as Supplemental Security Income (SSI) and Medicaid. Your child is receiving those benefits because he or she is disabled and because he or she does not have sufficient income and resources. As a parent, you want to make sure… Read More »
Transfers to Minors: Where Do I Start? What Should I Consider?
Two of the most commonly used methods of transferring money and assets to minors are a Uniform Transfer to Minors Act (UTMA) Account or a Trust. Baby in Suitcase with Money A UTMA Account is relatively simple to create and fairly inexpensive, but you cannot exercise any control over the assets. While a trust… Read More »
Choosing the Right Attorney Matters…See Why
When your health, career and you and your family’s financial well-being are on the line, it is crucial that you pick the right attorney. Not one who is a “Johnny come lately” or falsely promises you better results. Rather, what are needed are an attorney and a firm who has a proven track record,… Read More »
Power of Attorney: Why Should I Give My Agent the Power to Make Gifts?
The idea behind a Durable General Power of Attorney (POA) is to appoint someone (your agent) who can manage your financial affairs if you (the principal) are unable to do so. The overwhelming majority of the language in the document describes the various things that your agent can do. Most POAs (including mine) contain… Read More »
Should I get an Advance Directive, a Living Will or a Health Care Power of Attorney?
The answer is the first one or the second one and the third one. The problem with answering the question is first and foremost one of terminology. For starters, each state calls these legal documents by different names. For instance, Maryland has an Advance Directive, Virginia has an Advance Medical Directive and the District… Read More »
Estate as Beneficiary of Life Insurance, IRA or 401k: Bad Idea
The last place you want your life insurance, retirement account, or pay-on-death (POD) account to go upon your death is to your Estate. Thus, do not name your “Estate” as the beneficiary on the designation form provided by your insurer, broker, or financial institution. However, even if you don’t make this mistake on the… Read More »